86R6736 JSC-D
By: Phelan, White, Metcalf, Ashby, Toth, H.B. No. 1177
et al.
A BILL TO BE ENTITLED
AN ACT
relating to carrying a handgun during a state of disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.15, Penal Code, is amended by adding
Subsections (k) and (l) to read as follows:
(k) Section 46.02 does not apply to a person who carries a
handgun if:
(1) the person carries the handgun while:
(A) evacuating from an area subject to a
mandatory evacuation order issued during a state of disaster
declared under Section 418.014, Government Code, or a local state
of disaster declared under Section 418.108, Government Code; or
(B) reentering that area following the person's
evacuation;
(2) not more than 168 hours have elapsed since the
evacuation was ordered or more than 168 hours have elapsed since the
evacuation order was issued and the governor has extended the
period during which a person may carry a handgun; and
(3) the person is not prohibited by state or federal
law from possessing a firearm.
(l) Sections 46.02, 46.03(a)(1), (a)(2), (a)(3), and
(a)(4), and 46.035(a), (a-1), (a-2), (a-3), (b)(1), (b)(4), (b)(5),
and (b)(6) do not apply to a person who carries a handgun if:
(1) the person carries the handgun on the premises, as
defined by the statute providing the applicable offense, of a
location operating as an emergency shelter during a state of
disaster declared under Section 418.014, Government Code, or a
local state of disaster declared under Section 418.108, Government
Code;
(2) the owner, controller, or operator of the premises
or a person acting with the apparent authority of the owner,
controller, or operator, authorized the carrying of the handgun;
and
(3) the person is not prohibited by state or federal
law from possessing a firearm.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense was
committed before that date.
SECTION 3. This Act takes effect September 1, 2019.